Loading...
HomeMy WebLinkAbout2005 08 22 Public Hearing Item 401- Request 1st Read Ordinance 2005-21, Rezone 820 SR 434 CITY COMMISSION ITEM 401 Consent Information Public Hearin2 X Re~ular August 22, 2005 Meeting i MGR. 'L- IDEPT Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading on Ordinance 2005-21 which rezones 5.13 acres (more or less), located at 820 S.R. 434 from "A-I" Agricultural (Seminole County) to "C-1 Neighborhood Commercial" (City of Winter Springs). PURPOSE: To consider the request of Richard A. Jerman on behalf of Hope L. Shull for Rezoning of the property at 820 S.R. 434, recently annexed from Seminole County. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances) . Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Springs Section 20-26. Intent and purpose. Winter Springs Section 20-27. City commission authority. Winter Springs Section 20-28. Due process; Special notice requirements. Winter Springs Section 20-29. Applications. Winter Springs Section 20-30. Staff review. Winter Springs Section 20-31. Rezonings. Winter Springs Section 20-57. Euclid v. Amber Realty Co. ,272 U.S. 365 (1926) (upholding the constitutionality of the principles of zoning). Florida Municipal Home Rule Powers Act. CHRONOLOGY: May 23,2005- Application received for Annexation and subsequent Future Land Use change and Rezoning. June 27, 2005- Adoption of Ordinance 2005-19, annexing the property. ~ August 22, 2005 PUBLIC HEARING AGENDA ITEM 401 July 6, 2005- P& Z Board (LP A) heard the request for the Rezoning and made recommendation of Approval. CONSIDERATIONS: Applicant - Richard A. Jerman, 1750 W. Broadway Street, Suite 118, Florida 32765 Owner - Hope L. Shull, 820 S.R. 434, Oviedo, Florida 32765 Parcel Number - 04-21-31-300-0120-0000 Acreage - approx. 5.13 acres General Location - The site is located on the north side of SR 434, east of the Greeneway, across from McKinley's Mill Subdivision and adjacent to the west side of Barclay Reserve Townhomes. Legal Description - LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE % Chronology of Subiect Property - The property was annexed into Winter Springs on June 27, 2005. Existing Land Use - The property contains two small (414 SF and 1183 SF) dilapidated single family homes and several other shedslbuildings. A car repair garage was housed in one of the structures at one time and remnants of that activity including old vehicles, equipment and other junk are strewn around the site. The County Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUl\l Subject Site North South Single Family Residential A-I (SC) Suburban Estates (SC) and ........ggJ.1:~t::~C:l!~.~.J.1:...(~g)....... Conservation (WS) Family LDR- Low Density . ... mmmmmm~t::s.i4~J.1:!~C:lI(QY.)mmm Commercial (WS) East Conservation Single Family Residential .....(M~~t::yMi.!!~.:..~l!l:>4ys.J.1:) Multi Family Residential .....(.~C:l~.~!C:ly...~~s.t::~~T.~) Vacant (WS) R-I Single .~~~i.4~J.1:!i.C:l!(QY.l C-I Neighborhood .ggJ.1:1:11:?:~~~i.C:l!(~~l A-I (SC) Suburban Estates (SC) and Conservation (SC) West (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The current owner is an elderly woman who grew up on the property, inherited it, and resi,des there with her husband and son, until the sale the property is completed. Mr. J erman, the Applicant has indicated that he would like to develop the property in the near future possibly as townhomes. LetterslPhone Calls In Favor Or Opposition - The City has received one inquiry regarding annexation from the property owner of the vacant parcel to the west. No correspondence has been received from anyone opposing the land use change. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (1) Compliance with Procedural Requirements- The proposed Rezoning change is in compliance with all procedural requirements established by the city code and law; Requirements for advertising the land use action have been met; August 22, 2005 PUBLIC HEARING AGENDA ITEM 401 (2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the city's comprehensive plan and the proposed change will not have an adverse effect on the comprehensive plan; (3) Consistent with any Master Plan for the property- The property is not part of a Master Plan; (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Rezoning change from Seminole County "A-1 Agricultural" to Winter Springs "C-1 Neighborhood Commercial" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; The parcel is located west of Barclay Reserve which is also zoned "C-1 Neighborhood Commercial"; (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation of this parcel as anything other than "C-1 Neighborhood Commercial" might be considered "spot zoning" which is prohibited by law; (6) Does Not Materially Alter the Population Density Pattern- The proposed Rezoning change does not materially alter the population density pattern in a manner that would overtax the load on public facilities and services (schools, utilities, streets, and other municipal services and infrastructure) At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated; (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed Rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's comprehensive plan; (8) Changed Conditions Make the Proposed Rezoning Necessary- The Annexation of the property into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter Springs' Zoning Designation. Winter Springs does not have an "Agricultural" Zoning. The "C-1 Neighborhood Commercial" designation is the zoning immediately surrounding the subject property; (9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses; (11) Not Detrimental to Future Improvement of Adiacent Vacant Property- N/A; Most of the surrounding area is developed. The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses; (12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) Does Not Violate any City Land Use Regulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the city; August 22, 2005 PUBLIC HEARING AGENDA ITEM 401 FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 were satisfied. PLANNING & ZONING BOARD / LPA RECOMMENDATION: At a regular meeting of the Planning & Zoning Board!LP A on July 6, 2005, the Board! Agency recommended approval of Ordinance 2005-21, with a vote of 4-1. STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for First Reading of Ordinance 2005- 21, changing the Zoning classification on the subject property at 820 S.R. 434 from "A-1" Agricultural (Seminole County) to "C-1 Neighborhood Commercial" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Aug. 22,2005- 1st Reading of Ordinance 2005-21 Sept. 1, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Sept. 12,2005- 2nd Reading IAdoption of Ordinance 2005-21 ATTACHMENTS: A- Excerpt from P&Z/LP A Minutes of July 6,2005 B- Zoning Map, June 2005 C- Ordinance 2005-21 including Map & Legal Description CITY COMMISSION ACTION: August 22, 2005 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT A Excerpt from P&Z/LP A Minutes of July 6, 2005 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JULY 6, 2005 PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2005-21 Which Rezones 5.13 Acres (More Or Less), Located At 820 S.R. (State Road) 434 From "A-1" Agricultural (Seminole County) To "C-1 Neighborhood Commercial" (City Of Winter Springs). Ms. Sahlstrom discussed this Agenda Item and displayed the Zoning Classification Legend on the Future Land Use Map (FLUM). Ms. Sahlstrom said, "Staff does make recommendation for the change to 'C-l Neighborhood Commercial' ." Discussion. Chairman Poe opened the "Public Input" portion of this Agenda Item. Noone spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. "I MAKE A MOTION THAT THE PLANNING AND ZONING BOARD RECOMMEND TO THE CITY COMMISSION TO REZONE THE 5.13 ACRES (MORE OR LESS) LOCATED AT 820 STATE ROAD 434 FROM 'A-1' AGRICULTURAL (SEMINOLE COUNTY) TO 'C- 1 NEIGHBORHOOD COMMERCIAL' (CITY OF WINTER SPRINGS)." CHAIRMAN POE REITERATED THE MOTION AS, "YOUR MOTION IS TO APPROVE ITEM '401' AS PRESENTED BY STAFF." BOARD MEMBER BROWN SAID, "YES." SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: CHAIRMAN POE: AYE VICE CHAIRPERSON KARR: NAY BOARD MEMBER BROWN : AYE BOARD MEMBER TILLIS: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. August 22, 2005 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B Zoning Map, June 2005 ZONING MAP JUNE 2005 OVIEDO r:,:'. . -:J::~ ::::' n p l_-\_.~ ( I,,,, .l" L__._..,..._,! C-Li II August 22, 2005 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT C Ordinance 2005-21, Map & Legal Description ORDINANCE 2005-21 AN ORDINANCE OF l'HE CITY COM;\USSION OF THE CITY OF \\lINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNA'I'ION OF THE REAL PltOpERTY CONSTITUTING A PARCEL l'OTALING 5.13 ACRES 1\'10RE OR LESS AND LOCATED AT 820 STATE ROAD 434 IN WINTER SI)RINGS, FLORIDA, AND MORE PARTlCULARL)' DEPICl'ED AND LEGALL Y DESCRIBED ON EXHIBIT"A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-I" TO CITY OF \\lINTER SPRINGS "C-I NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR THE RE1)EAL OF I)IUOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILrry. AND AN EFFECTIVE DATE. \VHEREAS, the Planning and Zoning Board and City Stafl' of the City of Winter Springs have recommended approval of this Ordinance at their July 6, 2005 meeting; and WHEREAS, the City Commission of the City of Winter Springs held a dilly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff; citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and \VHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF \\lINTER SPRINGS HEREBY ORDAINS. AS FOLLOWS: Section 1. Recitals. The foregoing recitals are tme and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to include a change of classification from Seminole County "A-I" to City of Winter Springs "C-I Neighborhood Commercial" for the property legally described on Exhibit "A," which is attached and incorporated herein by this reference. City Staff is hereby directed to promptly amend the City of Wimt'T Springs Ordinance No. 2005-21 Page 1 of 2 August 22, 2005 PUBLIC HEARING AGENDA ITEM 401 Official Zoning Map upon the effective date of this Ordinance. Section 3. Repeal of I)rior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction. whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision. and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effectin'Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2005-20 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2005-20 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of .2005. .John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal fonn and sufficiency for the City of Winter Springs only: Anthony A. Garganesc, City AttorJH.~Y First Reading: Second Reading: Effective Date: CilY of Winter Springs Ordinance No. 2004-20 Page 2 of 2 August 22, 2005 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT C Ordinance 2005-21, Map & Legal Description LOCATION MAP WINTER SPRINGS SR 434 J OVIEDO --- II' I I . II I = LEGAL DESCRIPTION: LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE % METES & BOUNDS DESCRIPTION: (Description as provided by Old Republic National Title Insurance Company File No 152042262) Lot or Tract No.3 of McElroy's 5 acre farms, described as follows: Begin at a point 660.4 feet East and 30 feet North of the Southwest comer of the NW ~ of the NW ~ of the SE ~ of Section 4, Township 21 South, Range 31 East, said point being on the North side ofthe Sanford-Oviedo County Road; and run from thence North 662.8 feet to the quarter section line; thence East 330.2 feet; thence South 662.4 feet to the North line of said road; and thence West along the North boundary line of said road 330.2 fee to the point of beginning; being five acres, more or less. All lying and being in Seminole County, Florida.